A common concern among many parents is what to do when they are faced with a situation where the other parent is not fulfilling their obligation to pay child support. Remember that the person obligated to pay child support is not always the father - it can also be the mother.
Failure to pay child support is a sensitive issue that is crucial to the support and well-being of the children involved. Therefore, it is essential to understand the measures available to deal with this issue.
The Meaning of Alimony
Child support is an essential part of what we call “Regulation of Parental Responsibilities” in Portugal, which also includes, in addition to child support, choosing the child’s residence with one of the parents, in addition to the cohabitation regime with the other parent.
This pension is extremely important to ensure that children's basic needs, such as food, health, education and clothing, are met.
Measures to Deal with Non-Payment (What to Do When Father Does Not Pay Child Support)
When a parent fails to fulfill their obligation to pay child support, it is necessary to take action to protect the child's interests. One option is to initiate legal proceedings, which is called Special Enforcement of Child Support, which allows the amounts owed to be taken directly from the income of the defaulting parent.
Another alternative is to resort to the Food Guarantee Fund for Minors (FGADM), which intervenes when certain requirements are met, as set out in Law No. 75/98, of 19/11 (e.g. the parent responsible for paying the pension does not do so, and the child/young person, up to 18 years of age, and their family unit, do not have sufficient resources for their basic support, among others).
Consequences of Non-Payment
It is important to note that failure to pay child support may result in legal consequences for the defaulting parent. One of the consequences is the possibility of a fine being requested by the other parent.
Furthermore, the Penal Code, in its article 250, provides for the possibility of criminal liability for those who, being in a position to pay, do not comply with their maintenance obligation, even providing for a prison sentence for defaulters in some cases.
Steps to Solve the Problem
Before resorting to legal action, it is always advisable to try to resolve the issue through direct and civilized communication between parents. Healthy dialogue is always the best approach, especially when dealing with sensitive issues involving children.
In short, dealing with child support failure requires understanding the legal options available and finding solutions that prioritize the well-being of the child.
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